KPCC/D/A/149/2012 - Kosovo Property Agency

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p. Claim No. 53652 10 33. Claim No. 53652 has been filed by the Claimant in her capacity as a family household member of the alleged property right holder, namely her grandfather. The Claimant submitted a possession list No. 26 listing her grandfather as the owner of the claimed property. The Respondent alleges that the Claimant’s father, Sava Ristic, sold the claimed property to him on 16 September 2009 and submitted a purchase contract No. 7475/2009. He stated that he did not register the claimed property for property tax reasons. The Executive Secretariat located ex officio five certificates for the immovable property rights, listing the claimed property in the name of the Respondent. When contacted by the Executive Secretariat, the Claimant confirmed that her father had sold the claimed property in 2009 and since she was living abroad, she could not withdraw the claim. Accordingly, the claim falls outside the jurisdiction of the Commission and stands to be dismissed. q. Claim No. 26474 34. Claim No. 26474 has been filed by the Claimant in his capacity as a family household member of the alleged property right holder. The Claimant submitted a possession list No. 2034 dated 6 November 2001, listing the claimed property in the name of the property right holder. The Respondent Shefqet Jashari alleges that he purchased the claimed property in 2003. He submitted an uncertified copy of a purchase contract concluded between the property right holder and the Respondent’s representative Avni Hetemi, dated 26 October 2003, and an invoice dated 26 October 2003, prepared by the property right holder’s lawyer Avni Ibrahimi for the full purchase price. The Executive Secretariat contacted the property right holder’s lawyer Avni Ibrahimi, who confirmed that the sale and payment had taken place. The Respondent also submitted possession list No. 2034 dated 8 August 2007 and 2 October 2007, possession list No. 8317 dated 3 February 2004, and a copy plan No. 41 dated 2 March 2003, listing the claimed property in the name of the Respondent. The Respondent submitted a purchase contract No. 236/04 dated 4 February 2004 concluded between the property right holder and the Respondent and a purchase contract No. 2006/5 concluded between the Respondent and his brother dated 7 June 2005, pursuant to which the Respondent sold the claimed property to his brother Ekrem Jashari. The Executive Secretariat found ex officio that the claimed property is also registered in the cadastral records, in the certificate for the immovable property rights No. 2034 dated 11 May 2008 and 10 April 2010, in the name of the Respondent’s brother Ekrem Jashari. When the Executive Secretariat contacted the Claimant to inform him of the above, the Claimant continued to deny the sale. However, when the Executive Secretariat contacted the Respondent, he explained that his brother Ekrem Jashari has a joint interest in the claimed property, and his name is therefore on some of the documentation. 35. Based on the evidence before it, the Commission is satisfied that the Claimant sold the claimed property in 2003. Accordingly, the claim falls outside the jurisdiction of the Commission and stands to be dismissed. r. Claim Nos. 00264 and 92290 36. Claim Nos. 00264 and 92290 have been filed by an authorized representative of the Claimant who claims the properties in his capacity as the property right holder. The Claimant is seeking confirmation of ownership and repossession of the claimed property, in each claim an ideal part of one fourth of the claimed property.
11 37. The Respondent alleges that he purchased the claimed property from the property right holders’ father, Sava Jagodic in 1986 and has been in possession of the property ever since. However, he asserts that the cadastral records were not updated. He claims that he renewed the purchase contracts with the property right holders in Claim Nos. 00264 and 92290 on 19 July 2011 and that the cadastral records were updated in his name for an ideal part of ½ of the claimed property. The Executive Secretariat contacted the Claimant and he confirmed that he and the co-owners have sold the claimed property to the Respondent and that he would withdraw the claims but has not done so. Accordingly, Claim Nos. 00264 and 92290 stand to be dismissed since the Claimant disposed of the properties voluntarily. 2. No loss of possession as a result of the conflict a. Claim No. 00078 38. Claim No. 00078 has been filed by the Claimant in his capacity as the property right holder. The Claimant submitted a certificate for the immovable property rights No. 703014035-1287, listing the claimed property, as socially owned property, in the name of the Kosovo Forest Agency; a copy of a lawsuit filed at the Municipal Court in Prishtinë/Priština P. 697/61 dated 31 August 1961, in which his father seeks acknowledgment of his ownership rights over the claimed property; and an administrative decision 03/8967 dated 6 July 1964, by which his father’s appeal against administrative decision 649/61 on confiscation of the claimed property by the Municipality dated 28 February 1963, was rejected for lack of evidence of ownership. The Claimant alleges that he has been in possession of the claimed property, which he inherited from his grandfather. The authorized representative of the Respondent, the Kosovo Forest Agency, Murat Lepaja, alleged that the Respondent is the owner of the claimed property. The Executive Secretariat located ex officio possession list No. 190 listing the claimed property, as socially owned property, in the name of the Kosovo Forest Agency. The Executive Secretariat contacted the Claimant and he confirmed that the claimed property had been confiscated by the state in 1928, and that he was not in possession of the claimed property immediately prior to or during the 1998-1999 conflict. The Claimant’s loss of possession of the claimed property was therefore not a result of the circumstances directly related to or resulting from the 1998-1999 conflict. Accordingly, the claim falls outside the jurisdiction of the Commission and stands to be dismissed. b. Claim No. 10014 39. Claim No. 10014 has been filed by the Claimant in his capacity as the property right holder. The Claimant states that he purchased the claimed property from Nysret Avdiu and submitted a purchase contract No. 1009/2001 dated 13 November 2001 and a possession list No. 3690 listing the claimed property in his name. The Respondent alleges that the claimed property belongs to his family and that his cousin Nysret Avdiu sold the claimed property without authorization. There is a court proceeding initiated in this case. When contacted by the Executive Secretariat, the Claimant confirmed that he did not lose possession of the claimed property as a result of the conflict, because he acquired the property only in 2001. Consequently, as there is no conflict related loss of possession or inability to exercise property rights over the claimed property, the claim stands to be dismissed as falling outside the jurisdiction of the Commission. c. Claim No. 10477 40. Claim No. 10477 has been filed by the Claimant in his capacity as the property right holder. The Claimant initially sought payment of the outstanding amount of the purchase
Page 1 and 2: 1 Kosovo Property Claims Commission
Page 3 and 4: 3 5. The Commission held its twenty
Page 5 and 6: 5 of Annex III of UNMIK/ADM/DIR/200
Page 7 and 8: 7 submitted a certified purchase co
Page 9: 9 m. Claim Nos. 36999, 37427 and 51
Page 13 and 14: 13 property were commenced in 1980,
Page 15 and 16: 15 i. Claim No. 38812 54. Claim No.
Page 17 and 18: 17 attorney authorizing their repre
Page 19 and 20: 19 overturned by the Commission on
Page 21 and 22: 21 property right holder’s son. T
Page 23 and 24: g. Claim Nos. 51705 and 51706 23 90
Page 25 and 26: 4. Claims dismissed on account of t
Page 27 and 28: 27 c. Claim Nos. 11665, 11666 and 1
Page 29 and 30: 29 property since 1991. The Claiman
Page 31 and 32: 31 possession list No. 4898, update
Page 33 and 34: 33 Hidrosistemi Radoniq Sh.a (J.S.C
Page 35 and 36: 35 Claimant was given a deadline fo
Page 37 and 38: 37 APPEALS UNMIK/REG/2006/50 and th

KPCC/D/A/149/2012 - Kosovo Property Agency

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